Posted on October 9th, 2008 by Roy Newman
A minor who nominated his mother as guardian ad litem (See What is a California Guardianship?) does not voluntarily participate in a probate proceeding triggering a no contest clause provision in a will or trust. Safai v. Safai, 164 Cal.App.4th 233 (2008).
“The Trust (What is a Revocable Living Trust?) and the will both included [...]
Filed under: Probate, Probate Litigation, Trusts, Will Contests, Wills, Wills and Trusts | No Comments »
Posted on October 3rd, 2008 by Roy Newman
Steve Fossett, the adventurer who disappeared while in flight over Nevada’s desert, may have finally been found in California. The disappearance raised probate issues (What is California Probate?) when his wife petitioned the probate court to declare him legally dead and to probate his will (What Will Happen If I Die Without a Will?). [...]
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Posted on October 2nd, 2008 by Roy Newman
Heath Ledger’s daughter Matilda will apparently inherit his entire $16.3 million estate. The actor executed a will (What Are the Advantages of a Will?) that left nothing to his daughter, but left everything to his parents and three sisters. Those family members have allegedly gifted those distributions to Matilda.
Filed under: Current Events, Estate Planning of the Rich and Famous, Probate, Probate Litigation | No Comments »
Posted on September 26th, 2008 by Roy Newman
A Wisconsin court has ruled that giving a loaded shotgun to a suicidal parent is not the proximate cause of the parent’s death (although it is the actual or but-for cause), so that a wife and daughter of the man may inherit his $500,000 estate. The man was terminally ill with lymphoma and his [...]
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Posted on September 21st, 2008 by Roy Newman
Who may write a will in San Diego? Any person that is eighteen years of age and of sound mind may write a will (But should you? See Will Advantages; and Disadvantages of a Will). A person is of sound mind if they understand the rights, risks, and consequences of the testamentary act, [...]
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Posted on September 19th, 2008 by Roy Newman
A will is a living, breathing legal document (See “What Will Happen if I Die Without a Will?”. There are many ways in which people have tried – and failed – to revoke California wills (See “Advantages of a Will” and “Disadvantages of a Will“) that have produced unexpected and unintended results. Just [...]
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Posted on September 16th, 2008 by Roy Newman
A California probate court [See "What is California Probate?"] correctly ruled that a widow was not entitled to her dead husband’s frozen sperm, held the California Court of Appeal (Third District). Estate of Kievernagel, C055516 ( 9/11/08). The issue was whether Joseph Kievernagel would have wanted his wife, Iris Kievernagel, to have the sperm [...]
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Posted on September 15th, 2008 by Roy Newman
A will (see “Advantages of a Will”) drafted under California law cannot violate public policy. For example, a San Diego probate court (see “Disadvantages of San Diego Probate”) will not enforce a clause that dictates the commission of a crime or specifies that the beneficiary must divorce a named spouse before a gift from the [...]
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Posted on September 12th, 2008 by Roy Newman
When you write a will, your estate becomes vulnerable to probate litigation (as opposed to a living trust). When you are related to the Godfather of Soul, there are many, many reasons (read: dollars) to litigate over a contested stake. Elvis Presley’s estate earned $49 million last year; John Lennon’s took in $44 [...]
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Posted on September 10th, 2008 by Roy Newman
Statutory Trust Revocation May Reward Devious Spouses - Punish Sloppy Trust Drafting
It has long been settled that under California probate law, if the trust does not provide for an exclusive method of revocation, the settlors may revoke either by the method contained in the trust or by resort to procedures outlined under statutory revocation. [...]
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Posted on September 9th, 2008 by Roy Newman
A lot can hang in the balance upon the death of a person. Although not every family murder is driven by a large inheritance, it has happened enough that a general rule of law has formed to prevent the person from benefiting from the crime. Not only has the rule of law been [...]
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Posted on September 8th, 2008 by Roy Newman
Many parents do not realize that if circumstances suddenly change, as in unforeseen death, incapacity, or some other circumstance prevents their ability to care for their children, a legal guardianship process will be instituted in which a caregiver is selected by a California probate court. For example, if a parent were arrested while her [...]
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Posted on September 6th, 2008 by Roy Newman
Elaine and William Murphy Sr. had two children, Murphy Jr. and Maureen. Murphy Sr. had a thriving law practice in San Francisco and an estate worth $2 million. Murphy v. Murphy, 164 Cal.App.4th 376 (2008). When Elaine became ill in 1991, Maureen returned to the family home to care for her mother. [...]
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Posted on September 5th, 2008 by Roy Newman
A neighbor witnessed Michael Ray Jennison shoot probate agent and realtor James Magot twice in the head after a brawl involving the sale of a condominium. Magot was apparently hired by a San Diego probate lawyer to handle the sale of the property, but instead attempted to buy it himself through a competing bid [...]
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Posted on September 4th, 2008 by Roy Newman
For those looking to learn information about California Probate Court, Supervising Judge Aviva Bobb of the Los Angeles Probate Court gives real life examples of the practice of probate in her jurisdiction. Probate cases include living trust proceedings, conservatorships, guardianship, estate distribution, minors’ compromise, elder abuse restraining orders, petitions to authorize medical treatment and [...]
Filed under: Estate Administration, Probate, Probate Litigation, San Diego Estate Planning, Trusts, Will Contests, Wills, Wills and Trusts | No Comments »
Posted on September 1st, 2008 by Roy Newman
A New York City couple murdered in their home left several unsigned self-written wills as part of their legacy. The wills are likely invalid under New York Probate (and California) law, but that didn’t stop Mark Schwartz from drafting several provisions which may leave some relatives feeling bitter. Knowing that his brother “hopes [...]
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Posted on August 31st, 2008 by Roy Newman
A California conservatorship, or probate conservatorship, may be brought on behalf of a person, an estate, or both. The person appointed is called the conservator.
Conservatorship of the Person: A conservatorship for a person (called the conservatee) is proper where that person is unable to properly provide for his or her personal needs for physical health, [...]
Filed under: Estate Planning of the Rich and Famous, Probate, Probate Litigation, Will Contests | 1 Comment »
Posted on August 30th, 2008 by Roy Newman
The general rule, discussed in detail below, is that a gift or donative transfer in a will to the drafter of the instrument is void, unless the drafter is related by blood, marriage, or is a cohabitant with the testator, or the instrument is granted an independent certificate of review by an attorney. California [...]
Filed under: Probate Litigation, Will Contests | No Comments »
Posted on August 29th, 2008 by Roy Newman
Jack Carey, a prominent attorney in Florida, drafted a will for a 90 year old widower suffering from “senile dementia, cataracts, hearing loss, and depression” among other ailments, in which he named himself and his assistant the prime beneficiaries. The superior court held that the gift was void because of Carey’s undue influence over [...]
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Posted on August 6th, 2008 by Tort
“This is a fun topic. Are there public policy limits to how you can give away your property in your Will or trust? The answer is yes . . .” [Death and Taxes Blog]
Filed under: Estate Planning - Generally, Probate, Probate Litigation, San Diego Estate Planning, Trusts, Wills, Wills and Trusts | No Comments »
